Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 18569 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: Gary 

Rolf, AAL–538G, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–5898; fax: 

(907) 271–2850; e-mail: 

gary.ctr.rolf@faa.gov. Internet address: 

http://www.alaska.faa.gov/at. 

SUPPLEMENTARY INFORMATION: 

History 

On Thursday, January 18, 2007, the 

FAA proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to revise Class E airspace 

upward form 700 ft. and 1,200 ft. above 

the surface at Valdez Pioneer Field, AK 

(72 FR2213). The action was proposed 

in order to create Class E airspace 

sufficient in size to contain aircraft 

while executing two new SIAPs for the 

Valdez Pioneer Field Airport. The 

approaches are (1) Localizer Type 

Directional Aid (LDA)/Distance 

Measuring Equipment (DME)–G, 

Original and (2) LDA–H, Original. The 

LDA–G is a Special SIAP and will not 

be published in the U.S. Terminal 

Procedures (Alaska) publication. Class E 

controlled airspace extending upward 

from 700 ft. and 1,200 ft. above the 

surface in the Valdez, AK area is revised 

by this action. In the Notice of Proposed 

Rulemaking, the airport name was not 

fully articulated. The full and proper 

designation (Valdez Pioneer Field) is 

included in this rule. The location of the 

localizer has also been updated to 

reflect accurate position. 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No public comments have been 

received; thus the rule is adopted as 

proposed. 

The area will be depicted on 

aeronautical charts for pilot reference. 

The coordinates for this airspace docket 

are based on North American Datum 83. 

The Class E airspace areas designated as 

700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9P, Airspace Designations 

and Reporting Points, dated September 

1, 2006, and effective September 15, 

2006, which is incorporated by 

reference in 14 CFR 71.1. The Class E 

airspace designations listed in this 

document will be published 

subsequently in the Order. 

The Rule 

This amendment to 14 CFR part 71 

revises Class E airspace at the Valdez 

Pioneer Field Airport, Alaska. This 

Class E airspace is revised to 

accommodate aircraft executing SIAPs, 

and will be depicted on aeronautical 

charts for pilot reference. The intended 

effect of this rule is to provide adequate 

controlled airspace for IFR operations at 

the Valdez Pioneer Field Airport, 

Valdez, Alaska. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Valdez Pioneer Field Airport and 

represents the FAA’s continuing effort 

to safely and efficiently use the 

navigable airspace. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 30103, 40120; 

E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 

Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9P, Airspace 

Designations and Reporting Points, 

dated September 1, 2006, and effective 

September 15, 2006, is amended as 

follows: 

* * * * * 

Paragraph 6005 Class E Airspace Extending 

Upward from 700 feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Valdez, AK 

Valdez Pioneer Field, AK 

(Lat. 61°08′02′′ N, long. 146°14′54′′ W.) 

Valdez Localizer 

(Lat. 61°08′10′′ N, long. 146°13′15′′ W.) 

Johnstone Point VORTAC 

(Lat. 60°28′51′′ N, long. 146°35′58′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of the Valdez Pioneer Field Airport, 

AK, and within 3.1 miles each side of the 

Valdez Localizer front course extending from 

the 6.6-mile radius to 12.8 miles southwest 

of the Valdez Localizer; and that airspace 

extending upward from 1,200 feet above the 

surface within 50 miles of the Johnstone 

Point VORTAC, AK, extending clockwise 

from the Johnstone Point VORTAC, AK, 200° 

radial to the 076° radial. 

* * * * * 

Issued in Anchorage, AK, on April 2, 2007. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. 07–1812 Filed 4–12–07; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 35 and 37 

[Docket Nos. RM05–17–000 and RM05–25–

000; Order No. 890] 

Preventing Undue Discrimination and 

Preference in Transmission Service 

Issued April 6, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, DOE. 


cprice-sewell on PRODPC61 with RULES
18570 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 

1Preventing Undue Discrimination and 

Preference in Transmission Service, Order No. 890, 

72 FR 12266 (March 15, 2007), FERC Stats. & Regs. 

¶ 31,241 (2007), reh’g pending. 

2Preventing Undue Discrimination and 

Preference in Transmission Service, Order No. 890, 

72 FR 12266 (March 15, 2007), FERC Stats. & Regs. 

¶ 31,241 (2007), reh’g pending. 

3Promoting Wholesale Competition Through 

Open Access Non-discriminatory Transmission 

Services by Public Utilities; Recovery of Stranded 

Costs by Public Utilities and Transmitting Utilities, 

Order No. 888, 61 FR 21540 (May 10, 1996), FERC 

Stats. & Regs. ¶ 31,036 (1996), order on reh’g, Order 

No. 888–A, 62 FR 12274 (Mar. 14, 1997), FERC 

Stats. & Regs. ¶ 31,048 (1997), order on reh’g, Order 

No. 888–B, 81 FERC ¶ 61,248 (1997), order on reh’g, 

Order No. 888–C, 82 FERC ¶ 61,046 (1998), aff’d in 

relevant part sub nom. Transmission Access Policy 

Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000) 

(TAPS v. FERC), aff’d sub nom. New York v. FERC, 

535 U.S. 1 (2002). 

4Open Access Same-Time Information System 

(Formerly Real-Time Information Networks) and 

Standards of Conduct, Order No. 889, 61 FR 21737 

(May 10, 1996), FERC Stats. & Regs. ¶ 31,035 (1996), 

order on reh’g, Order No. 889–A, FERC Stats. & 

Regs. ¶ 31,049 (1997), order on reh’g, Order No. 

889–B, 81 FERC ¶ 61,253 (1997). 

ACTION: Final rule; Notice of electronic 

filing guidelines. 

SUMMARY: On February 16, 2007, the 

Federal Energy Regulatory Commission 

issued Order No. 890, which amended 

the regulations and the pro forma open 

access transmission tariff (OATT). This 

notice contains guidelines for the 

electronic submission of OATT tariffs 

and other information required by Order 

No. 890. 

DATES: Effective Date: These guidelines 

became effective on April 6, 2007. 

FOR FURTHER INFORMATION CONTACT:

Daniel Hedberg (Technical Information), 

Office of Energy Markets and 

Reliability, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–

6243. 

W. Mason Emnett (Legal Information), 

Office of the General Counsel—Energy 

Markets, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–

6540. 

Kathleen Barro ́n (Legal Information), 

Office of the General Counsel—Energy 

Markets, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, (202) 502–

6461. 

SUPPLEMENTARY INFORMATION: 

Notice of Electronic Filing Guidelines 

for Open Access Transmission Tariffs 

and Related Filings Pursuant to 

Commission Order No. 890 and 18 CFR 

Part 35 and 37 

On February 16, 2007, the Federal 

Energy Regulatory Commission issued 

Order No. 890,1 which amends the 

regulations and the pro forma open 

access transmission tariff (OATT) to 

ensure that transmission services are 

provided on a basis that is just, 

reasonable and not unduly 

discriminatory or preferential. 

This document contains guidelines 

for the electronic submission of OATT 

tariffs and other information required by 

Order No. 890. The table attached to the 

guidelines includes specific filing 

instructions and references to the 

pertinent paragraph(s) in Order No. 890 

for each type of submission. 

The Commission’s electronic filing 

system can be accessed on its Web site 

at: http://www.ferc.gov/docs-filing/docsfiling.asp. An eRegistration account is 

required for all persons logging in to the 

system and for persons who will be 

listed as a primary contact or person 

responsible for the filing. At the present 

time, only public information can be 

submitted via the efiling system. 

However, all Order No. 890 OATT 

filings are considered public. The 

Commission prefers filings in textsearchable formats. 

The electronic filing guidelines 

attached to this notice will also be 

available on the Commission’s Web site 

at http://www.ferc.gov/help/how-to.asp 

and updated when necessary. 

Philis J. Posey, 

Acting Secretary. 

Filing Guidelines for Open Access 

Transmission Tariffs and Related 

Filings Pursuant to Commission Order 

No. 890 and 18 CFR Part 35 and 37 

On February 16, 2007, the Federal 

Energy Regulatory Commission issued 

Order No. 890,2 which amends the 

regulations and the pro forma open 

access transmission tariff (OATT) 

adopted in Order Nos. 888 3 and 889 4 to 

ensure that transmission services are 

provided on a basis that is just, 

reasonable and not unduly 

discriminatory or preferential. 

This document contains guidelines 

for the electronic submission of OATT 

tariffs and other information required by 

Order No. 890. The attached table 

includes specific filing guidelines and 

references to the pertinent paragraph(s) 

in Order No. 890 for each type of 

submission. 

The Commission’s electronic filing 

system can be accessed on its web site 

at: http://www.ferc.gov/docs-filing/docsfiling.asp. An eRegistration account is 

required for all persons logging in to the 

system and for persons who will be 

listed as a primary contact or person 

responsible for the filing. At the present 

time, only public information can be 

submitted via the efiling system. 

However, all Order No. 890 OATT 

filings are considered public. 

The Commission prefers filings in 

text-searchable formats. Our standard 

word processing application is MS 

Word, but the efiling system can also 

accept documents in WordPerfect and 

PDF formats. The Commission will add 

notice of these filings to its Combined 

Notice of Filing Report, so it is not 

necessary to include a ‘‘Form of Notice’’

file as part of an Order No. 890 OATT 

compliance submission. 

The general eFiling procedure for 

Order No. 890 compliance OATT 

efilings is: 

1. For Order No. 890 OATT 

compliance related submissions, the 

header of the document should contain 

OA07ll000 (or OA08 after September 

30, 2007) unless you are filing a 

correction or supplement to a 

previously assigned OA docket. NERC/ 

NAESB submissions should refer to 

RM05–17 and RM05–25. 

2. Select the filing type ‘‘Order No. 

890 OATT’’. For NERC/NAESB status 

reports only, select ‘‘Production of 

Document’’. 

3. On the Select Docket screen, enter 

OA07–1 in the docket number search 

block and select OA7–1–000 from the 

search results. A new OA Docket will be 

assigned to your submission. For NERC/ 

NAESB status reports only, query and 

select dockets RM05–17 and RM05–25. 

4. Before you browse, select, and 

attach the file(s) make sure that the file 

name is less than 25 characters and 

contains no spaces or special characters. 

There is a maximum number of 10 files 

per session and no file should be larger 

than 10 Mb. 

5. On the Submission Description 

Screen, modify the default description: 

(1) For OATT submissions, replace 

‘‘Order No. 890 OATT’’ with the 

description information in the table for 

the appropriate filing type, or a 

comparable description, to describe 

your submission. 

(2) For NERC/NAESB status reports 

only, replace ‘‘Production of Document’’

with the description information in the 

table for the appropriate filing type or a 

comparable description. 

(3) For any amendment or correction 

to a prior submission, select the OA 

Docket assigned to the prior filing and 

add ‘‘Correction to’’, ‘‘Supplement to’’, 

or other appropriate indicator to the 

edited description of the filing. 

6. Upon receipt, the eFiling system 

will send a Confirmation of Receipt email to the e-mail address for the log in 

account. 

Order No. 890 OATT submissions 

will be stored in eLibrary in the 

‘‘Electric’’ library with Class = 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 18571 

5With the exception of the optional section 205 

implementation filing described in Order No. 890 

at P 138–139. 

Application/Petition/Request, Type = 

Tariff Filing, and the OA docket number 

assigned to the submission. 

NERC/NAESB status reports will be 

stored in the ‘‘Electric’’ library with 

Class = Status Report, Type = Status 

Report, and docket numbers RM05–17 

and RM05–25. 

Please be advised that all voluntary 

section 205 OATT related filings 

proposing variations from the non-rate 

terms and conditions contained in the 

pro forma OATT adopted in Order No. 

890 will continue to be assigned ER 

Docket Numbers and will not be 

assigned OA Docket Numbers associated 

with the implementation of the Order 

No. 890 compliance filings.5

Deadline: Days 

from Mar. 15, 2007 

(FR publication) 

Compliance action Final rule 

paragraph No. 

30 Days, or April 

16, 2007.

Optional Implementation FPA section 205 filings allowing transmission providers to propose previously 

approved variations from the pro forma OATT that have been affected by pro forma OATT Final Rule 

reforms to remain in effect subject to a demonstration that such variations continue to be consistent 

with or superior to the revised Final Rule pro forma OATT (non RTO/ISO transmission providers). Such 

optional filings must request a 90 day effective date to facilitate Commission review under section 205.

¶ 139 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: Implementation FPA section 205 filing. 

60 days, or May 

14, 2007.

Non-ISO/RTO transmission providers submit FPA section 206 filings that contain the non-rate terms and 

conditions set forth in Final Rule. These filings need only contain the revised provisions adopted in the 

Final Rule. Transmission providers utilizing the optional Implementation FPA section 205 filing described above, need only submit tariff sheets necessary to implement the remaining modifications required under the Final Rule, i.e., modifications related to tariff provisions that did not implicate previously-approved variations.

¶ 135 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: FPA section 206 filing with non-rate terms and conditions. 

75 days, or May 

29, 2007.

Transmission Providers must post a ‘‘strawman’’ proposal for compliance with each of the nine planning 

principles adopted in the Final Rule. This may be posted on the Transmission Providers Web site or its 

OASIS site.

¶ 443 

No Filing Requirement with FERC. 

90 days, or June 

13, 2007.

NERC/NAESB status report and work plan for completion of ATC related business practices and standards..¶ 223 

Filing Type: Production of Document. 

File Under Docket RM05–17 and RM05–25. 

Description: NERC/NAESB status report and work plan for completion of ATC related business practices 

and standard. 

90 days, or June 

13, 2007.

NAESB status report and work plan for completion of OASIS functionality or uniform business practices 

(other than those related to ATC).

¶ 141 

Filing Type: Production of Document. 

File Under Docket RM05–17 and RM05–25. 

Description: NAESB status report and work plan for completion of OASIS functionality or uniform business practices. 

120 days, or July 

13, 2007.

Transmission Providers must submit redesigned transmission charges that reflect the Capacity Benefit 

Margin set-aside through a limited issue section 205 rate filing as part of their initial ATC related compliance filings.

¶ 263 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: Redesigned Transmission Charges. 

180 days, or 

Sept.11, 2007.

Submit compliance filings with Attachment C (ATC) of the pro forma OATT ................................................. ¶ 140 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: Attachment C Compliance Filing. 

210 days, or Oct. 

11, 2007.

ISOs and RTOs, and transmission providers located within an ISO/RTO footprint, submit FPA section 206 

filings that contain the non-rate terms and conditions set forth in the Final Rule. These filings need only 

contain the revised provisions adopted in the Final Rule or a demonstration that previously approved 

variations continue to be consistent with or superior to the revised pro forma OATT.

¶ 157, ¶ 161 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: FPA Section 206 Filing With Non-Rate Terms and Conditions. 

210 days, or Oct. 

11, 2007.

Submit compliance filings with Attachment K (Planning) of the pro forma OATT or RTOs and ISOs file a 

demonstration that their planning processes are consistent with or superior to the planning principles in 

the Final Rule.

¶ 140, ¶ 442 

Filing Type: Order No. 890 OATT. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: Attachment K Compliance Filing. 

N/A ........................ Transmission Providers must file a revised Attachment C to incorporate any changes to NERC’s and 

NAESB’s reliability and business practice standards to achieve consistency in ATC within 60 days of 

completion of the NERC and NAESB processes.

¶ 325 

Filing Type: Order No. 890 OATT. 


cprice-sewell on PRODPC61 with RULES
18572 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Rules and Regulations 

1 71 FR 58,273 (October 3, 2006), FERC Stats. & 

Regs. ¶ 31,228 (2006). 

2The California Coastal Commission, California 

Energy Commission, California Electricity Oversight 

Board, and California State Lands Commission 

(collectively the California State Agencies) filed a 

request for reconsideration. Although labeled as a 

‘‘Request for Reconsideration,’’ the request is 

actually an untimely request for rehearing. As 

explained below, the Commission has long held 

that it lacks authority to consider requests for 

rehearing filed more than 30 days after issuance of 

a Commission order. 

3 66 FR 52917 (Oct. 18, 2001), 97 FERC ¶ 61,130 

(2001). 

4 68 FR 9857, FERC Stats. & Regs. ¶ 31,140 (Mar. 

3, 2003). 

5 68 FR 46456, FERC Stats. & Regs. ¶ 31,147 (Aug. 

6, 2003) 

6NIP information includes location maps and 

diagrams that do not rise to the level of CEII. Order 

No. 630 provided the following examples of NIP: 

‘‘(1) USGS 7.5 minute topographic maps showing 

the location of pipelines, dams, or other 

aboveground facilities, (2) alignment sheets 

showing the location of pipeline and aboveground 

facilities, right of way dimensions, and extra work 

areas; (3) drawings showing site or project 

boundaries, footprints, building locations and 

reservoir extent; and (4) general location maps.’’ 68 

FR 9857, FERC Stats. & Regs. ¶ 31,140. 

7 71 FR 58,325 (October 3, 2006), FERC Stats. & 

Regs. ¶ 32,607 (2006) (September 21 NOPR). 

Deadline: Days 

from Mar. 15, 2007 

(FR publication) 

Compliance action Final rule 

paragraph No. 

File Under Docket OA07–1; new OA Docket will be assigned. 

Description: Revised Attachment C Filing. 

N/A ........................ After the submission of FPA section 206 compliance filings, transmission providers may submit FPA section 205 filings proposing rates for the services provided for in the tariff, as well as non-rate terms and 

conditions that differ from those set forth in the Final Rule if those provisions are ‘‘consistent with or superior to’’ the pro forma OATT.

¶ 135 

Do not eFile. File according to procedures current at the time of submission for FPA section 205 filings. 

If you are unable to file electronically, 

you must submit original and 5 paper 

copies of the filing to: Kimberly D. Bose, 

Secretary, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426. 

[FR Doc. E7–7000 Filed 4–12–07; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 388 

[Docket No. RM06–24–001; Order No. 683–

A] 

Critical Energy Infrastructure 

Information 

Issued April 9, 2007. 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final Rule, order on rehearing. 

SUMMARY: On September 21, 2006, the 

Commission issued a final rule that 

clarified the definition of Critical Energy 

Infrastructure Information (CEII), 

required requesters of CEII to submit 

executed non-disclosure agreements 

with their requests, and provided that 

the notice and opportunity to comment 

on a CEII request would be combined 

with the notice of release of 

information. The Commission is 

denying the petition for rehearing filed 

by Edison Electric Institute. 

DATES: Effective Date: This order 

denying rehearing of the final rule will 

become effective May 14, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Teresina A. Stasko, Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street, NE., 

Washington, DC 20426, Phone (202) 

502–8317. 

SUPPLEMENTARY INFORMATION: 

Before Commissioners: Joseph T. Kelliher, 

Chairman; Suedeen G. Kelly, Marc Spitzer, 

Philip D. Moeller, and Jon Wellinghoff. 

Order on Rehearing 

(Issued April 9, 2007) 

1. This order addresses the request for 

rehearing filed by Edison Electric 

Institute (EEI) of the Commission’s 

September 21, 2006 Order in this 

proceeding (September 21 Order), a 

final rule that clarified the definition of 

Critical Energy Infrastructure 

Information (CEII), required requesters 

of CEII to submit executed nondisclosure agreements (NDA) with their 

requests, and provided that the notice 

and opportunity to comment on a CEII 

request would be combined with the 

notice of release of information. Critical 

Energy Infrastructure Information, 

Order No. 683.1 This order denies EEI’s 

request for rehearing for the reasons 

explained below.2

Background 

2. The Commission began its efforts 

with respect to CEII shortly after the 

attacks of September 11, 2001. See 

Statement of Policy on Treatment of 

Previously Public Documents.3 The 

Commission issued a final rule on CEII 

on February 21, 2003, defining CEII to 

include information about proposed 

facilities, as well as facilities already 

licensed or certificated by the 

Commission, and to exclude 

information that simply identified the 

location of the infrastructure. See Order 

No. 630.4 The final rule also established 

the position of CEII Coordinator. The 

Commission issued Order No. 630–A on 

July 23, 2003,5 which made several 

minor procedural changes and 

clarifications, added a reference in the 

regulation regarding the filing of NonInternet Public (NIP) information, a term 

first described in Order No. 630,6 and 

added a commitment to review the 

effectiveness of the new process after six 

months. 

3. Simultaneous with the issuance of 

the September 21 Order, the 

Commission issued a notice of proposed 

rulemaking (NOPR) in Docket No. 

RM06–23–000.7 In the September 21 

NOPR, the Commission sought 

comments on the revisions to its 

regulations to: (1) Allow an annual 

certification for repeat requesters; (2) 

allow an authorized representative of an 

organization to execute an NDA on 

behalf of the organization’s employees; 

(3) include a fee provision; (4) respond 

to CEII requests by letters from the CEII 

Coordinator rather than by Commission 

orders with rights to rehearing; and (5) 

allow landowners access to alignment 

sheets for the routes across or in the 

vicinity of their properties. The 

September 21 NOPR also proposed to 

narrow the scope of information on 

Commission forms that are defined as 

containing CEII and proposed to abolish 

the NIP designation. 

Requests for Rehearing 

4. On October 23, 2006, EEI filed a 

timely request for rehearing of the 

September 21 Order, and requested that 

the Commission revoke its September 

21 Order and reissue it as a new notice 

of proposed rulemaking to be 

considered with the September 21 

NOPR. EEI alleged that the Commission 

did not provide the due process 

protections of the Administrative 


cprice-sewell on PRODPC61 with RULES